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JAN 5 198a BOOK 70 PAGE 497 Attorney Vitunac explained that if the utility went with private property, they would have to pay fair market value. If they have to condemn a right through a public easement, they would not have to pay fair market value, but they would have to show a predominant public benefit. If Director Davis and his staff can show that all our right-of-way is reserved for central county activities and that we just don't have any room, that is another story. Attorney Vitunac didn't think that was the case, however. Director Davis advised that we have been working with the utility for 6 months and refused their original request for a particular corridor, which was probably the best corridor as far as utilities' accommodation is concerned, because we wanted to reserve that corridor for water and sewer only. We placed them in probably the least desirable location, which is right down the flow line of the ditch on the east side. After they submitted a design that was not done by a Florida registered engineer, we reviewed it and made lengthy comments on our concerns. Staff felt that the design was not adequate because their pipe is only 12 inches deep in many locations. Staff was very conservative in establishing the $1000 fee, but we really don't know how much staff time will be required to monitor the installation of the line. If minimal staff time is required, perhaps $1000 would cover the cost; however, if they did a sloppy job and didn't respond to the restoration, it might cost us many times more than that just to monitor the work. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that the Board authorize staff to renegotiate with the gas company, bring a final agreement back to the Board on recovering all our costs, and ask them to consider the possibility of allowing the County to use the right-of-way for effluent disposal. 28